Unfair Dismissal

The AMWU believes that no person should sacked unfairly. Everyone has the right to be treated fairly at work.

The Fair Work Act provides protection for people that have been unfairly dismissed.

What is Unfair Dismissal?

If you are sacked “harshly, unjustly or unreasonably” you might have a claim for unfair dismissal. While employers can terminate employees for a “valid reason”, your boss must ensure you are given procedural fairness. You might also have a claim if you resigned because your employer’s conduct was such that you had no other option.

Who is covered by Unfair Dismissal Laws?

You might have a claim for unfair dismissal if:

your termination was harsh, unjust or unreasonable

you were not afforded procedural fairness

you have worked for your employer for at least 6 months or 1 year for a small business

You earn below the high income threshold

You are covered by an award or agreement

Are there time constraints?

Yes. You have 21 days to lodge an application for Unfair Dismissal so make sure you contact us immediately if you think you’ve been unfairly dismissed.

What should I do if I think I’ve been Unfairly Dismissed?

Contact us immediately. One of our expert industrial officers or organisers will talk you through the process and provide advice as to whether you have a claim. Make sure you bring any relevant documents and take detailed notes about what happened.

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